Essays on the Constitution of the United States: Published during its Discussion by the People, 1787-1788
History
Essays on the Constitution of the United States: Published during its Discussion by the People, 1787-1788
Constitutional history -- United States -- Sources; United States. Constitution
Sect. 5, further provides, That each house shall keep a journal of its
proceedings, and from time to time publish the same, &c. This clause is so
openly marked with every feature of republicanism, and expressed in such
liberal and comprehensive terms, that it needs no comment to render it
acceptable to the enlightened citizens of Massachusetts.
Sect. 6, provides, That the senators and representatives shall receive a
compensation for their services, to be ascertained by law—they shall,
except in cases of treason, felony, or breach of peace, be privileged from
arrest during their session.—The necessity of such regulations must appear
plain to every one; the inhabitants of Massachusetts, fully convinced of
the justness of such provision, made it in the constitution of this state.
The 6th section further says, No member shall be called to account for
sentiments delivered in either house, at any other place. In this clause,
the freedom of debate, so essential to the preservation of liberty and the
support of a republican form of government, is amply provided for. Impeded
by no obstacle whatever, the patriot may here proclaim every sentiment
that glows within his breast. How far despotism can encroach upon such a
government I leave the antifederal junto to declare.
The 6th section further provides, that no senator or representative shall,
during the time he is in office, be elected or appointed to any office
under the United States—nor shall any person, holding any office under the
government, be elected a member of either house during his continuance in
that station.
This clause at once confutes every assertion of the antifederalists
respecting the new congress being able to secure to themselves all offices
of power, profit and trust. This section is even more rigidly republican
than the constitution of this commonwealth; for in the general assembly of
Massachusetts, a civil officer is not excluded a seat; whereas the new
constitution expressly asserts that no person in civil office under the
United States shall be eligible to a seat in either house.
Sect. 7 provides that all bills for raising revenues shall originate in
the house of representatives. Here again must the anti-federalists appear
weak and contemptible in their assertions that the senate will have it in
their power to establish themselves a complete aristocratick body; for
this clause fully evinces that if their inclinations were ever so great to
effect such an establishment, it would answer no end, for being unable to
levy taxes, or collect a revenue, is a sufficient check upon every attempt
of such a nature.
The 7th section further provides, That every bill which passes the house
of representatives and the senate, before it becomes a law, shall be
presented to the president of the United States; if he objects to it the
sense of both houses will be again taken on the subject, and if two-thirds
of the members are in favour of the bill, it passes into a law.
Public-domain text, read in full here on John Shaqi.
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